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governance:minutes:2012-08-08

Evergreen Oversight Board Meeting

Wednesday, August 8, 2012

MINUTES

Present: Amy Terlaga, Galen Charlton, Dan Scott, Lori Ayre, Elizabeth McKinney, Kathy Lussier, Stephen Elfstrand, Jim Corridan (late)

1. Review of minutes from previous meeting

Galen asked everyone to review the minutes from our last meeting. There were no comments.

2. Financial Report

Dan provided the financial report. Our overall balance has changed by $6.68 since last month; we accumulated expenses of $6.70 in banking fees, and earned $0.02 in interest.

We also increased our unearned income by $190.33 since last month, leaving us overall at $21,697.39 in the black.

The only one transaction of note that occurred since the previous month was one advance registration for Evergreen Conference 2013, which was $190.33 in Unearned Income and $6.70 in the PayPal fees.

        $44,968.07  Expenses:Evergreen
           $335.53    Banking Fees
        $44,560.54    Conferences
            $72.00    Hosting
       $-65,524.02  Income:Evergreen
       $-50,624.40    Conferences
       $-14,898.97    Donations
            $-0.65    Interest
        $-1,141.44  Unearned Income:Evergreen:Conferences

——————–

       $-21,697.39  

Elizabeth asked about the nature of the banking fees. Dan will investigate and report back to the group via email.

3. Evergreen Web Team/Communications Committee Report

Lori explained that they have an active committee working on the Drupal website. The committee members are Lori Ayre, Ben Shum, Anoop Atre, Alexey Lazar, Jim Craner, and Steve Wills. They will begin having meetings every two weeks. The prototype is at evergreen.galecia.com. Content will eventually be moved over. Alexey from PALS has taken the lead on this project. There will be owners of pages, as well as a feedback section. They’re still working on the navigation of the site, and then they’ll focus on content. Amy asked if a community meeting could be held to discuss the new website. Galen suggested sometime in mid-September for that community meeting. Galen will send an email to open-ils to get feedback from the community. Dan suggested another name that points to this address like ‘protoweb.evergreen-ils.org.’ Lori will talk it over with the team to see what name they would like to use and will let Galen know.

4. Evergreen Conference Committee Report

Tara Robertson provided the conference report update through email.

There's a few things we'd appreciate help with.

Call for proposals The call for proposals in the Evergreen conference website is open until September 30th. We've only had a handful of proposals come in so far (realize it's early days still) but I'd encourage the Oversight Board to nudge people who would present interesting, relevant sessions. We'll ask for more help from the Program Advisory Committee in September to get the call out and ensure we have a solid program.

Sponsorship - we're starting with the two host organizations BC Library Coop and King County Library System. After we follow up with previous sponsors we'll be contacting the wider community to leverage their vendor relationships. We hope to have most sponsorship confirmed by November so we know what kind of budget we have for food and social events.

Registration and hotel bookings - if you know you are coming and are able to–please start registering now. The deadlines with the hotel for room block bookings are fairly early and we won't really exhale until we've met those.

Passports for non-Canadians - please encourage staff in your organizations who are planning on attending to apply for a passport if they don't already have one.

We tested our DIY streaming setup at a local ebook summit and it works fairly well. At minimum we are hoping to stream the keynotes, but budget allowing, we'll stream both sessions.

That's it. Please let me know if you have questions or concerns, Reach me here, or at my work email (trobertson@langara.bc.ca)

Galen encouraged the Board to encourage others to submit proposals.

5. Update on Trademark

Tony Sebro provided an update via email.

As an update, Conservancy has (finally) executed a trademark assignment agreement with the Board of Regents of the University System of Georgia re: Evergreen's trademark portfolio. I am in the process of recording the assignment with the USPTO to update public records.

We can now proceed with finalizing and publishing an Evergreen trademark policy. I've attached the working draft of the policy as a TXT file for your review [NOTE: Policy draft is at the end of these minutes – aft]. As a reminder, the policy as drafted allows user communities with out-of-compliance graphic identities (e.g., Evergreen Indiana) to be grandfathered in via written approval from both Evergreen and Conservancy.

While we're finalizing the language of the policy: in parallel, the project should find a place to host pristine, print-quality versions of the Evergreen logo for public to download and use under the terms of the policy. The subsequent link would then be included in the published policy.

Galen asked the Board to review the trademark policy, keeping in mind the organizations that need to be grandfathered in.

Elizabeth questioned the policy here - 2.7 Use of marks in merchandising “You may create and sell merchandise using the Evergreen name and logo without additional permission provided that you use only unmodified graphics from the logo page on the Evergreen website.” She wondered if it should be this loose. Dan thought it was in keeping with the open source agreement – provide and promote free use. Elizabeth explained that PINES has had a bad experience with others abusing the logo.

Lori wondered if we should address who can associate themselves with the logo. Elizabeth and Dan thought that that was covered in 2.3.

“2.3 Using the Marks as part of a product name

You may use the Marks as part of the name of a product designed to work with Evergreen, so long as the name as a whole (via its other components) clearly and unambiguously distinguishes the product from Evergreen software itself, and the general presentation of the product does not imply any official association or identity with the Evergreen Project. Because it would be awkward to attach a trademark symbol to a portion of a larger name whose other portions might themselves be trademarked, the requirement to display the symbol is waived for this circumstance.”

Dan thought that we should give a couple of hypothetical scenarios and ask Tony about them to help refine the policy.

Galen encouraged the Board to ask their questions of Tony on the mailing list.

He’d like the Board to vote on the policy at the September meeting.

Elizabeth explained that there are examples of Evergreen-related sites with no representation of the Evergreen mark. She wanted to know if the Board could develop a policy regarding this.

She cited both the prototype website and the current conference website as two examples of this. Lori will contact both site administrators to have them add the Evergreen logo with a link to the Evergreen website. Lori will draft a policy about this and bring it to the Board.

Regarding the use of the Evergreen logo, Stephen Elfstrand wondered if we should require any user of the Evergreen logo to submit their work to the Board prior to using it. Galen suggested that Stephen propose this to Tony.

Galen will be working on a patch to update various trademark statements wherever they occur.

6. Update on Hack-a-way

Rogan provided an update via email.

I will send out a more detailed update on the Hack-A-Way soon by email but the short version is that we almost have the host hotel set up so that we can send out that information. We have a good first year's list of poll respondents at about a dozen developers. Keep in mind that we're talking about developers not the broad scope of the conference so this is pretty good and I encourage more to sign up.

We haven't talked to sponsors yet as we've been hesitate to duplicate any efforts that might impede the conference. So, the number of entities we are going to hit up for sponsorships is pretty small and restricted to those with a real vested interest in development. We are also keeping the donation size pretty small. It looks like we are going to keep expenses very low so it shouldn't be an issue.

Dan wanted to thank Rogan for his work in organizing this.

7. Hosting / Posting Data Extraction Tools from Proprietary Vendors

This is useful information to have. Galen explained that some vendors may consider this documentation proprietary. The Conservancy explained via email that that is why they are here for us. Galen opened up the discussion to the Board. Dan had SirsiDynix data extraction instructions received through API training. He didn’t think that he could make these public. Dan suggested making a possible repository at arm’s length so that Evergreen wasn’t impacted as a whole. Kathy is also hesitant about public sharing. Stephen Elfstrand said that PALS used a number of reports to get the data out; they have scripts that they could share, but were hesitant to share them publicly. Galen explained that Equinox is also concerned and does not feel that they could publish such information. Dan said that we should turn this over to the Conservancy for their counsel. Under what conditions would they be willing to host a repository of this sort? Galen explained that if the contributor signs a Certificate of Origin, the perhaps this would be enough. If the contributor is uncertain, they can talk with the Conservancy.

Galen suggested that those interested in following through on this should take it up with the Conservancy. This might be run by the Conservancy if it’s safe to do so. Lori will pursue it further with Tony and report back next month.

NEWS ITEM: Stephen Elfstrand announced that PALS just brought up the East Grand Forks Library in Minnesota. They went live on August 6th.

8. Adjourn. The meeting adjourned at 1:07pm Eastern time. The next meeting is Wednesday, September 12, at 12noon Eastern time.

DRAFT:

EVERGREEN TRADEMARK POLICY

1 Purpose

Software Freedom Conservancy ("Conservancy") has adopted this Policy to make sure that the identity of Evergreen software and its free and open source nature is clear to everyone. By using this Policy, the Evergreen Project can spread the use of the Evergreen software while making sure that the mark is protected in a way that's consistent with U.S. trademark law. This Policy is written to allow all clear and appropriate use of the Evergreen marks while preventing abusive use of them in ways that could confuse users as to where the software came from. By adhering to this Policy, you help to promote to the public the freedom to use and develop the Evergreen Project's software.

The Evergreen Project is a member project of Conservancy. The Conservancy holds rights in the Marks in accordance with its non-profit mission on behalf of the Evergreen Project.

Throughout this Policy, the word "Marks" refers to the following:

* Evergreen, Evergreen ILS, EGILS

* The following Evergreen logos and graphic marks ("Logos")

 [here, we want to include all logos and graphic word marks.  
 Ideally, we want to display embedded image files and/or post a 
 hyperlink to where the images can be viewed or downloaded]

* [here, we want to include all slogans or tag lines associated

 with the Evergreen software]

This Policy is only concerned with Marks associated with Evergreen Project, and does not address any copyrights associated with Evergreen software. The Evergreen Project's produces free and open source software; the default copyright license(s) can be found here: http://git.evergreen-ils.org/?p=Evergreen.git;a=blob;f=COPYING;h=dc9b9f00c958b3efdeeffb92e1909962c0745d3c;hb=HEAD

2 Guidelines for using the Marks

2.1 Trademark symbol on first mention

The first prominent mention of the name should be immediately followed by a symbol for trademark: "^tm". For example: "Evergreen^tm".

This requirement is waived in all contexts where such marks are not normally included: email, online discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.

2.2 Use of the Marks without written permission

You may use the Marks without prior written permission (subject to the other sections):

1. To refer to the Evergreen software in substantially unmodified

form. "Substantially unmodified" means built from the source 
code provided by the Evergreen Project, possibly with minor 
modifications including but not limited to: the enabling or 
disabling of certain features by default, translations into 
other languages, changes required for compatibility with a 
particular operating system distribution, or the inclusion of 
bug-fix patches).

2. To identify Evergreen software as a distinct component of a

software offering.

3. To factually refer to the Evergreen Project itself, its products,

or its protocols.

4. When referring to Evergreen software that is not substantially

unmodified, to say that the such software is a "derivative of" 
or "based on" Evergreen.

5. When referring to communities of users in the context of their use

of the Evergreen software, e.g., virtual communities, community-
moderated online forums, consortia of organizational users, etc. 
("User Communities"), provided that the Marks are not used to suggest 
endorsement of any User Community by the Evergreen Project.  User 
Communities with graphic identities should consult Section 2.6 of 
this Policy for further guidance.  

2.3 Using the Marks as part of a product name

You may use the Marks as part of the name of a product designed to work with Evergreen, so long as the name as a whole (via its other components) clearly and unambiguously distinguishes the product from Evergreen software itself, and the general presentation of the product does not imply any official association or identity with the Evergreen Project. Because it would be awkward to attach a trademark symbol to a portion of a larger name whose other portions might themselves be trademarked, the requirement to display the symbol is waived for this circumstance.

2.4 Prohibited usages of the Marks

You may not use the Marks in the following ways:

* In any way likely to cause confusion as to the identity of the

 Evergreen Project, the provenance of its software, or the software's
 license.

* In any way that indicates a greater degree of association between you

 and the Evergreen Project than actually exists.

* In any way that implies a designated successor to Evergreen (e.g.,

 "Evergreen++" is not permitted).

* In any way that indicates that Evergreen favors one distribution,

 platform, product, etc. over another except where explicitly indicated
 in writing by Evergreen.

2.5 Limitations to this Policy

This Policy does not confer any rights to use the trademarks "Software Freedom Conservancy," "Conservancy," or to use any other trademarks other than the Marks listed in Section 1. This Policy does not authorize you to act as an agent for Conservancy, enter into any agreement on behalf of or otherwise create any liability for the Evergreen Project or the Conservancy.

2.6 Guidelines for using Logos

The Logos are symbols that embody both the Evergreen software and the hard work of countless volunteers and contributors who comprise the Evergreen Project. Accordingly, in addition to the general usage guidelines provided in this Policy, the following specific guidelines apply to using Logos.

* When in use, the Logos must be displayed in their entirety, without

 being cropped, partially obscured, or deconstructed into sub-elements.  
 The use of partially obscured, cropped, or deconstructed Logos is
 prohibited by this Policy.

* Changing the aspect ratio, perspective, angle of rotation, layout,

 color scheme (except to black-and-white or gray scale) of the Logos is 
 prohibited under this Policy. 

* Changing graphic elements of the Logos, including font, is prohibited

 under this Policy.  

* User Communities can incorporate Logos into their graphic identities,

 including User Community-specific logos and graphic marks, provided that
 they abide by the other terms of this Policy.  

* In addition, User Communities that use a Mark in their graphic

 identities must incorporate that Mark's official corresponding Logo into 
 their graphic identity, if such a Logo exists, to prevent the creation of 
 a separate graphic depiction of a Mark that would inadvertently compete 
 with and dilute the Logo.  For example, the fictitious User Community
 "Douglas Fir Hackers" can decide to incorporate Logos into their
 graphic identity if they so choose.  However, the also fictitious 
 "Alaska Evergreen Society" User Community uses the "Evergreen" mark in 
 its name, and therefore *must* use a graphic identity that incorporates 
 the official Evergreen logo.  Incorporated Logos must be used in their
 entirety, and in accordance with the other terms of this Policy.  User 
 Community graphic identities that depict a Mark without using a Mark's 
 corresponding Logo must be approved by both the Evergreen Project and 
 Conservancy. 

2.7 Use of the Marks in merchandising

You may create and sell merchandise using the Evergreen name and logo without additional permission provided that you use only unmodified graphics from the logo page on the Evergreen website. Please contact us if you would like to sell any other merchandise containing the Marks. This section is subject to the other provisions contained in this Policy, including those regarding permissions required for usage and using the Marks as part of a product name.

3 Rights reserved by Conservancy

Conservancy reserves the sole right to:

* Determine compliance with this Policy.

* Modify this Policy in ways consistent with its mission of

 protecting the public.

* Grant exceptions to this Policy, of any kind and for any reason

 whatsoever, other clauses notwithstanding.

4 Questions

This Policy is designed to keep Evergreen's Marks safe in order to protect this software's reputation, earned by the contributions of the Evergreen Project to the free and open source software community. If you see any use of the Marks anywhere that you think violates this Policy or otherwise goes against the spirit of the Evergreen Project and Conservancy's mission, please bring it to Conservancy's attention by contacting us at trademark@sfconservancy.org.

If you have questions about using the Marks, or if you think you should be able to use the Marks for any purpose not allowed by this Policy and would like permission for that use, please contact Evergreen by emailing trademark@sfconservancy.org or by writing to Evergreen Project c/o Software Freedom Conservancy, 137 Montague St. Ste 380, Brooklyn, NY 11201-3548.

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